A.K.ANNAMALAI J. - (1.) The opposite parties 2 to 4 are the appellants.
(2.) The complainant/1st respondent filed a complaint against the opposite parties 2 to 4 and also against the 1st opposite party for the relief of return of the hire purchase termination papers and no objection certificate by the opposite parties 2 to 4 for the Finance obtained for his car and to pay a sum of Rs.1,50,000/- towards depreciation value of the car for 6 years with interest of 12% and to pay a sum of Rs.2,50,000/- towards mental agony and Rs.50,000/- as cost.
(3.) The complainant availed a car loan of Rs.1,50,000/- from the 2nd opposite party to be repaid in 24 monthly equal instalments for which 24 post dated cheques each for a sum of Rs.7950/- were given by the complainant drawn on the 1st opposite party with whom is complainant was having a savings bank account and during the month of August 1999 one of the cheques for payment of EMI was wrongly dishonored by the 1st opposite party payable to the 2nd opposite party through the 3rd opposite party and when it was found that the mistake was due to the wrong credit given by the bank in to another Palanisamys account and the complainant requested the bank to send the demand draft for the same which was agreed by the bank to issue the same for the mistake committed by it in favour of the complainant and sent it directly to the 2nd opposite party and in spite of that even after completion of 24 instalments when demanded for NOC from the 2nd opposite party for cancellation of hypothecation the 2nd opposite party stated still there was a due of one instalment for Rs.7950/- with penal interest on 14.1.2004. When the complainant approached 1st opposite party regarding the settlement of money letter was given for issue of duplicate draft and letters dated 7.4.05 and 10.6.05 were addressed to the 1st and 2nd opposite parties there was no response and after various correspondences to the bank higher authorities explaining details of the demand draft and still the 2nd opposite party denied the receipt of payment and thereby a legal notice was issued for the unfair and unethical practice which forced the complainant to file this complaint seeking relief as stated above.;